Mass torts are a type of civil action involving numerous plaintiffs who have suffered similar injuries due to the actions of one or a few corporate defendants. Litigating these cases can provide impactful opportunities to pursue justice and hold corporations accountable when their products or actions harm large numbers of people.
This short guide provides an overview of mass torts and the four most common types, each with its own unique legal hurdles, evidence requirements, and case management strategies. For attorneys considering practice diversification, this knowledge may provide focus for mass torts that align with their firm’s expertise.
Mass Tort vs. Class Action
Unlike class action lawsuits, where typically each case is awarded the same amount, mass tort cases reflect the unique circumstances of each victim and have different settlement values based on each plaintiff’s claim or injury. Beyond compensation for those affected, mass torts can also drive meaningful change or resolution, from changing warning labels or reformulating products to pulling products off the market altogether.
What is Multidistrict Litigation (MDL)?
Multidistrict litigation (MDL) is a procedural tool used to consolidate large numbers of similar mass tort lawsuits from different venues into one venue that a federal judge oversees during pretrial. Each plaintiff’s case remains an individual case. If an MDL is not resolved through settlement or dismissed during pretrial proceedings, the individual cases may be returned to their originating courts for trial.
Main Types of Mass Torts
1. Medical Devices and Pharmaceuticals
These types of mass torts involve unsafe pharmaceuticals or medical devices that have caused injuries to a large number of patients. These cases can arise from inadequate warnings or instructions for use, manufacturing defects, or failure to adequately test products before going to market.
Medical Devices Mass Tort Example: Bard PowerPort Lawsuit (MDL 3081)
The Bard PowerPort is an implanted catheter device designed for intravenous fluid and medication delivery. Design flaws have made it prone to fracturing or migrating after implantation. These failures can cause severe complications like vascular damage.
2. Consumer Products
Consumer products mass torts arise from deceptively marketed or defective consumer goods that may involve design flaws, manufacturing defects, or failure to warn of risks.
Consumer Products Mass Tort Example: 3M Earplugs (MDL 2885)
Plaintiffs sued 3M for allegedly providing defective earplugs that failed to protect US military service members from hearing loss and tinnitus between 2003 and 2015. In 2023, 3M agreed to pay $6 billion to settle the numerous lawsuits.
3. Environmental
Environmental mass torts encompass cases involving exposure to toxic substances, pollution, or industrial hazards. These often involve large corporations, government entities, or negligent waste disposal practices.
Environmental Mass Tort Example: Aqueous Film-Forming Foams (AFF) (MDL 2873)
There are currently thousands of lawsuits pending against manufacturers of PFAS (perfluoroalkyl and polyfluoroalkyl substances). These cases are divided into three major categories: water contamination, firefighting foam, and drinking water personal injury. Numerous PFAS manufacturers have already reached historic settlements, including a $316.5 million settlement from BASF in May 2024 and a $750 million settlement from Tyco Fire Products in April 2024.
4. Social Causes and Technology
As society evolves, so do the risks of large-scale harm, making social causes and technology one of the fastest growing mass tort categories. These cases often involve corporate accountability for systemic harms linked to technology and digital platforms. Unlike traditional product liability claims, these types of mass torts can challenge entire business models, such as social media algorithms, or industry-wide practices, such as data mining.
Social Causes and Technology Mass Tort Example: Facebook, Inc. Consumer Privacy User Profile (MDL 2843)
In December 2022, Facebook owner Meta agreed to pay $725 million to settle legal action over a data breach linked to political consultancy Cambridge Analytica. Plaintiffs accused Meta of allowing Cambridge Analytica and other third parties to access private user information and misleading users about its privacy practices.
Interested in Social Causes and Technology Mass Torts?
Social Media Addiction and Video Game Addiction are two of the most impactful mass torts of the moment. You can learn more about these two mass torts and more from top litigators in our Mass Tort Deep Dive from May 12 to May 15. Save your spot here!
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